Bartley and Templar (Child support)

The case of *Bartley and Templar* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the assessment of child support payable by the liable parent, Mr Templar, to the primary carer, Ms Bartley, for the benefit of their child. The matter came before the court for review of a previous decision.

The primary legal issue before the court was whether the previous decision to depart from the standard child support assessment was justified, specifically concerning the consideration of the liable parent's income and financial resources, including his business income, and the special needs of the child. The court was required to determine if the previous decision-maker had erred in law or fact in their assessment.

Justice Cuthbert M reviewed the evidence presented regarding Mr Templar's financial circumstances and the child's specific needs. The court applied the principles governing departure determinations, which require a demonstrable departure from the child support assessment to be justified by specific circumstances, such as the capacity of a parent to provide financial support or the special needs of the child. The court found that the previous decision had failed to adequately consider all relevant factors, particularly the extent of the liable parent's actual financial capacity and the specific evidence supporting the claimed special needs of the child.

Consequently, the court set aside the previous departure determination and substituted its own decision, which adjusted the child support assessment based on a more accurate reflection of the liable parent's income and the child's needs.